The Commercial Licence To Occupy is widely used in New Zealand's commercial property sector when parties require a flexible arrangement for property occupation that doesn't constitute a formal lease. This document type is particularly valuable for temporary or non-exclusive use of commercial space, pop-up stores, shared workspaces, or short-term business operations. It provides a more flexible alternative to traditional leases while still maintaining legal protections for both parties. The agreement includes essential terms such as occupation rights, payment obligations, permitted use, and termination provisions, all within the framework of New Zealand property and commercial law. This document type is especially relevant in today's dynamic business environment where flexibility in property arrangements is increasingly important.
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1. Parties: Identification of the Licensor and Licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the premises and intended use
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Grant of Licence: Formal grant of the licence and specification of the licensed area
5. Term: Duration of the licence, including commencement date and any renewal options
6. Licence Fee and Outgoings: Payment terms, amount, frequency, and responsibility for utilities and other costs
7. Permitted Use: Specific authorized uses of the premises and any restrictions
8. Licensee's Obligations: Core responsibilities including maintenance, compliance with laws, and conduct requirements
9. Licensor's Obligations: Responsibilities of the property owner including access and basic services
10. Insurance: Required insurance coverage and obligations of each party
11. Health and Safety: Compliance with health and safety regulations and specific responsibilities
12. Termination: Circumstances and process for ending the licence, including notice periods
13. Default and Remedies: Consequences of breach and available remedies
14. General Provisions: Standard legal provisions including notices, governing law, and dispute resolution
1. Alterations and Fit-out: Include when the licensee is permitted to make changes to the premises
2. Security Deposit: Include when a security deposit or bond is required
3. Shared Facilities: Include when the licence includes use of common areas or shared facilities
4. Car Parking: Include when specific parking arrangements are part of the licence
5. Signage: Include when the licensee is permitted to install business signage
6. Assignment and Sublicensing: Include when transfer rights need to be specifically addressed
7. Force Majeure: Include when protection against unforeseen events is required
8. Guarantee: Include when personal or corporate guarantees are required
1. Schedule 1 - Premises Plan: Detailed plan or drawing showing the licensed area and any exclusive or shared areas
2. Schedule 2 - Fee Schedule: Detailed breakdown of licence fee, outgoings, and payment terms
3. Schedule 3 - Condition Report: Description of the premises condition at commencement of licence
4. Schedule 4 - Building Rules: Building rules and regulations applicable to occupants
5. Schedule 5 - Fit-out Specifications: Details of any approved alterations or fit-out works
6. Schedule 6 - Insurance Requirements: Specific insurance requirements and minimum coverage levels
7. Appendix A - Services: List of services provided by the licensor
8. Appendix B - Special Conditions: Any special or unique terms specific to this licence
Authors
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Retail
Professional Services
Education
Healthcare
Government
Hospitality
Technology
Manufacturing
Logistics
Entertainment
Non-Profit
Relevant Teams
Legal
Operations
Facilities Management
Real Estate
Finance
Compliance
Property Management
Business Development
Administrative
Risk Management
Relevant Roles
Property Manager
Facilities Manager
Commercial Property Lawyer
Real Estate Agent
Business Development Manager
Operations Manager
Chief Financial Officer
Legal Counsel
Compliance Officer
Store Manager
Project Manager
Office Manager
Commercial Director
Retail Manager
Space Planning Manager
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